Attorneys/Judges
| Prosecutor(s): | Debbie Ploghaus | | Defense(s): | Stephen Wegman | | Judge(s): | Stanford Reichert |
CONVICTED: Was justice served?
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Case #11841 Rating: 2.5 out of 5
Sick cows living among filth, maggoty carcasses
Chino, CA (US)Incident Date: Tuesday, Jun 5, 2007
County: San Bernardino
Charges: Felony CTA
Disposition: Convicted
Defendants/Suspects:
» Albert Rodriguez
» Albert Buitenhuis
Case Updates: 3 update(s) available
Prosecutors filed a felony animal cruelty charge Thursday against two men suspected of keeping more than a dozen young, sick cows in filthy living conditions.
Investigators said they found the cows in June 2007 in a barn on a Chino dairy, wallowing in the maggot-infested remains of other cows that died long before and were never removed.
Their water was mucky, and their feed was moldy and had rocks in it, Deputy District Attorney Debbie Ploghaus said.
"It was just needless suffering," Ploghaus said.
Charged Thursday were Albert Rodriguez, 51, of Chino and Albert Buitenhuis, 26, of Riverside.
Both men remained out of custody, and it was unclear Thursday when they will appear in Chino Superior Court to be arraigned.
The Inland Valley Humane Society received an anonymous tip last month reporting that Holstein dairy cows were living in a squalid enclosed barn on a dairy on Pine Avenue in Chino.
What investigators found horrified them.
The remains of at least five cows were rotting on the floor, some crawling with feasting insects.
Some remains were fresh, while others looked to have been there a while, Ploghaus said.
"Some were decomposing enough that they had basically turned to leather," she said.
About 15 live cows, estimated to be about 2 or 3 months old, were also in the barn, some standing 6 inches deep in the decaying carcasses.
About five of the live cows appeared somewhat healthy. The remaining were sickly and emaciated, said Beth Les, community service officer with the Inland Valley Humane Society.
One had to be euthanized on site.
Their feed, rolled corn, was mixed with dirt and rocks, Les said.
"It looked like it might have been scraped off the ground somewhere," she said.
Rodriguez and Buitenhuis leased the barn from the dairy, which otherwise had no connection to the operation, Les said. All the other cows on the dairy were healthy and well-fed.
Both men appear to be partners in a venture in which they buy sick calves at auction for only a few dollars, and then later resell those that don't die for a profit, Les said.
It's a common practice in the cattle industry, she said.
To continue producing milk, dairy cows must regularly give birth, she said. When their calves fall ill, they are sold, sometimes for as little as a dollar or two. If they are nursed back to health, they can fetch full value on the open market, she said.
In this case, however, it appeared Rodriguez and Buitenhuis were doing little to nothing to care for their sick animals, authorities said.
"If they got these cows and they were already sick, that's fine," Ploghaus said. "But get them good food and good water and veterinary care. Don't take already sick cows and put them in these conditions."
Les said Rodriguez and Buitenhuis apparently didn't think they had done anything wrong when authorities contacted them, but were nonetheless fully cooperative with the investigators.
She said some people in the dairy industry simply view cows as property, rather than living beings.
"But if you're going to take on the life of an animal, you need to be responsible for it," she said.
The surviving cows were taken to a nearby property where they are now receiving proper care, she said.
Case UpdatesThe co-owner of a Chino cattle ranch who kept dead and dying calves penned in a maggot-infested barn was sentenced to three years probation today on an animal cruelty charge.
Albert Buitenhuis, 28, of Riverside, was arrested on 13 felony animal cruelty charges in June 2007 after officers from the Inland Valley Humane Society and the Society for the Prevention of Cruelty to Animals investigated conditions at a dairy farm co-owned by Buitenhuis.
They discovered dead and dying calves kept in the same barn as live ones, standing in eight inches of muck consisting of manure, water, decomposing flesh and maggots, according to a probation report. No food appeared to be available in the pen and the animals' water was murky and full of flies, humane officers said.
"It was pretty horrendous," said Beth Les, an investigator with the Inland Valley Humane Society.
As part of a plea agreement, the charges were reduced to one felony count of animal cruelty. The sentence includes 200 hours of community service and $200 restitution to the courts and $525 restitution to the humane society.
Buitenhuis, the primary caretaker of the calves, said nothing in San Bernardino County Superior Court in Chino as Judge Stanford Reichert imposed the sentence. Buitenhuis' attorney Stephen Wegman spoke on his behalf. Neither Buitenhuis or Wegman would comment as they left court.
Under the terms of his probation, humane society officers will have the right to inspect the farm to ensure that the animals are being treated properly. | Source: Press Enterprise - Aug 18, 2008
Update posted on Aug 18, 2008 - 9:52PM |
A dairyman accused of keeping sick cows in unhealthy living conditions is asking a judge to reduce the charges against him from felonies to misdemeanors.
Albert Buitenhuis of Riverside claims in court documents that he has been a dedicated farmer his entire life and has an unblemished record of caring for his animals.
He further submitted an unusual letter to the court from a veteran Ontario policeman, who claims the Inland Valley Humane Society, which conducted the investigation into the case, is sometimes unprofessional and incompetent.
"Buitenhuis has never been in any trouble with the law whatsoever," his attorney, Stephen Wegman, wrote in court documents. "He is a law abiding citizen and a professional farmer. His reputation in the community as a farmer is impeccable."
Prosecutors say Buitenhuis deserves to be convicted of 13 felony animal-cruelty counts because of the horrific living conditions in which the cows were found. They say he cares more about turning a profit than providing humane care for the sick and dying animals he owned.
"He obviously has no respect for animals and sees his crimes as simply a business venture," Deputy District Attorney Debbie Ploghaus wrote in a court filing.
Buitenhuis was one of two men accused of animal cruelty in July after investigators reported finding sick and dead dairy cows in a barn at a dairy near Pine Avenue.
Officials from the Humane Society said they found five dead calves rotting on the floor of the barn.
About 15 live calves, estimated to be 2 or 3 months old, were also in the barn, some standing 6 inches deep in the maggot-infested carcasses, according to the Humane Society.
A few of the live cows appeared sickly and emaciated, and their feed was contaminated with rocks, authorities said.
Buitenhuis and his business partner, Albert Rodriguez, had the Holstein cows as part of a venture in which they bought sick calves at auction for nearly nothing and then sold those that didn't die for profit, authorities said.
Rodriguez has already pleaded guilty to animal cruelty.
The animal cruelty charges against Buitenhuis are known as "wobblers." That is, prosecutors have the discretion to charge them as either felonies or misdemeanors. Felonies, the more serious crimes, carry possible state prison sentences. Misdemeanors carry maximum penalties of fines and jail time.
In support of the request to reduce the charges, Buitenhuis's lawyer says the sick cows were being medicated through their water, but some died anyway because of the summer heat.
He further contends Buitenhuis had been attending to family matters around that time and had trusted the day-to-day care of the cows to his partner, Rodriguez.
Attached to the request are a number of letters from Buitenhuis' business associates, who say they have never seen him abuse any of his animals.
There is also a letter from Ontario police Officer David Irvine, who has worked in law enforcement for 27 years and now serves as the agricultural and rural crimes officer for the city.
In his letter, Irvine says he doesn't know Buitenhuis. However, he calls into question the practices of the Inland Valley Humane Society, which, he says, has botched investigations in the past.
He cites several instances in which he believes Humane Society investigators misidentified supposedly injured animals or accused responsible owners of abuse.
"I am concerned at the charges and their investigation," Irvine wrote.
The officer, reached by phone Wednesday afternoon, declined to comment on his letter.
Brian Sampson, supervisor of animal services at the Humane Society, denied Irvine's allegations. He said he found the letter "odd" given that Irvine knew nothing of Buitenhuis's case and cited no faults in the investigation.
The hearing on the request to reduce the charges is set for Dec. 7 in Chino Superior Court. | Source: Daily Bulletin - Nov 23, 2007
Update posted on Nov 27, 2007 - 4:03AM |
Prosecutors filed a dozen new animal-cruelty counts against a cattleman accused of keeping cows in filthy living conditions.
Albert Buitenhuis of Riverside has denied the charges. A preliminary hearing is set for Oct. 25 in Chino Superior Court.
Buitenhuis was one of two men accused of animal cruelty in July after investigators reported finding sick and dead dairy cows in a barn at a dairy near Pine Avenue.
Officials from the Inland Valley Humane Society said they found five dead cows rotting on the floor of the barn.
About 15 live calves, estimated to be 2 or 3 months old, were also in the barn, some standing 6 inches deep in the decaying carcasses, according to the Humane Society.
A few of the live cows appeared sickly and emaciated, and their feed was contaminated with rocks, authorities said.
Investigators said Buitenhuis and his business partner, Albert Rodriguez, had the Holstein cows as part of a venture in which they bought sick calves at auction and then sold those that didn't die.
Both were initially charged with one count apiece of animal cruelty.
Rodriguez immediately admitted to the charge, paid a $525 fine and was placed on probation.
Buitenhuis did not take a similar deal, and prosecutors hit him with the 12 new counts Monday. All 13 counts are charged as felonies.
Deputy District Attorney Debbie Ploghaus said each of the counts against Buitenhuis represents an animal that investigators believe suffered abuse.
She said she told both men early on that she intended to expand the charges to reflect the large number of animals involved.
Rodriguez avoided the additional charges with his quick plea.
Buitenhuis has opted to fight the case. | Source: Daily Bulletin - Oct 18, 2007
Update posted on Oct 18, 2007 - 11:43PM |
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